Board of Adjustment - April 25, 2017 Minutes
Regular Meeting: Tuesday: April 25, 2017
The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 9:00 o’clock a.m., Tuesday, April 25, 2017.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Russell Ford-Dunker, Michael Love, Mark Lundberg
Also present: Erik Johnson, Jodi Bertrand, Bruce Taralson
Absent: Mike Mitchell
Chair Wendel-Daub called the meeting to order.
Item 1a: Approve Order of Agenda
Member Love moved the Order of Agenda be approved as presented. Second by Member Lundberg. All Members present voted aye and the motion was declared carried.
Item 1b: Approval of Minutes: Regular Meeting of February 28, 2017
Member Lundberg moved the minutes of the February 28, 2017 Board of Adjustment meeting be approved. Second by Member Boreen. All Members present voted aye and the motion was declared carried.
Item 2: New Business
a-1) Variance Request – 1423 7th Avenue South
Request for a variance of Section 20-0403 of the Land Development Code.
The requested variance is to allow construction of a detached garage that
would encroach into the required interior-side setback area within the SR-3, Single-Dwelling Residential zoning district: CONTINUED TO MAY 23, 2017
Planner Aaron Nelson presented the staff report and noted item a-2 is associated with this same property and applicant. He noted two letters in the packet from adjacent property owners opposing this request, and a petition that was submitted to the Board. Mr. Nelson reviewed the background information and explained the criteria used during staff’s analysis of the request. Mr. Nelson stated staff is recommending denial as review criteria a, b, and c have not been met.
Discussion by the Board began regarding the setback violation and encroachment onto the neighboring property, a Certificate of Survey dated 3-30-17 submitted by this neighbor that is included in the packet; the property owner’s responsibility to confirm property lines before construction begins; and clarification of the process and responsibility of the property owner to hire and pay a licensed land surveyor or engineering company to legally determine and verify the boundary/property lines.
Applicant and property owner Chad Klimek spoke on behalf of the request.
Further discussion ensued, and it was suggested items 2a.1 and 2a.2 be continued to the May 23, 2017 Board of Adjustment meeting, to provide the applicant the opportunity to hire a licensed land surveyor to legally determine and issue a Certificate of Survey for the property at 1423 7th Avenue South. Mr. Klimek agreed to this continuation.
Member Love moved Items 2.a-1 and 2.a-2 be continued to the next meeting of the Board of Adjustments. Second by member Boreen. All members voted aye and the motion was declared carried.
a-2) Appeal of an Administrative Decision
Appellant claims that staff erred in issuing a stop work order for construction of a detached garage: CONTINUED TO MAY 23, 2017
See discussion and motion in item 2.a-1.
b. Variance Request – 1023 1st Avenue South
Request for a variance of Article 21-06 of the Municipal Code. The requested variance is to allow the opening of a proposed building to be approximately 3.7 feet lower, and the fill around the building to be approximately 3.45 feet lower, than would otherwise be required by the City’s Floodproofing Code: APPROVED WITH CONDITIONS
Aaron Nelson presented the staff report. Mr. Nelson referred to the criteria used during staff’s analysis of the request and their recommendation for approval with conditions.
Inspections Administrator Bruce Taralson spoke in agreement with staff’s recommendation for approval with the stated conditions.
Stormwater Engineer Jody Bertrand spoke in approval of the application.
Applicant Jesse Craig, Craig Development, Inc. spoke on behalf of the application.
Project Manager Nick Horner, spoke on behalf of the application.
Member Love moved the findings of staff be accepted and the variance to allow the opening of a proposed building to be approximately 3.7 feet lower, and the fill around the building to be approximately 3.45 feet lower be approved on the basis that the review considerations of Section 21-0603 have been satisfied with the following conditions:
1. The applicant sign and submit a waiver of liability against the City;
2. The owner administering an emergency response plan for flood events;
3. Building services susceptible to flood damage, such as electrical and mechanical equipment, shall be located above the 41’ WSEIZ elevation of 903.3 feet;
4. The first floor of the building shall be designed to automatically allow free flow of floodwater into the structure in order to equalize floodwater pressure against the building; and
5. The proposed building shall not have a basement.
Second by Member Lundberg. Upon call of the roll Members Lundberg, Love, Boreen, Ford-Dunker, and Wendel-Daub voted aye. Absent and not voting: Member Mitchell. The motion was declared carried.
Item 3: Other Business
No other business was discussed.
Item 4: Adjournment:
Member Ford-Dunker moved to adjourn the meeting at 10:06 a.m. Second by Member Love. All Members present voted aye and the motion was declared carried.